Archives for the month of: April, 2023

Back a few years, the business restructuring company Alvarez & Marsal became deeply involved in reorganizing school districts, despite their lack of any educational experience. As a reflection of the corporate mindset of the early 2000s, A&M’s corporate experience was thought to be a major asset in rearranging school districts.

The president of A&M, Bill Roberti, who had previously been CEO of the elite menswear company Brooks Brothers was hired to take charge of the St. Louis school district, at $5 million a year.

During his 13 months as superintendent of St. Louis public schools, former Brooks Brothers chief executive William V. Roberti closed 21 schools, lopped $79 million off the school budget, privatized many school services and laid off more than 1,000 employees. He stepped down in June at the end of his contract….

The basic assumption behind the Roberti reforms was that a school district operates in much the same way as a retail business. Both systems rely on “supply chain management,” he said. “Many people talk as if there’s some magic to education. But the job of getting supplies from a warehouse to a building is the same in schools as it is in business as it is in the federal government.”

To slash costs, Roberti outsourced many operations to private contractors. He also cut hundreds of positions, including supervisors, counselors and department coordinators. He is proud of the fact that he did not fire a single teacher — dozens of teachers were permitted to retire without being replaced, which resulted in larger classes in many schools.

He left after 13 months, and the firm was hired in June 2005 (three months before the Hurricane) to take part in the restructuring of New Orleans public schools. Roberti was in charge of finance, purchasing, accounting and human resources for $16.8 million for two years. In light of the added duties after the Hurricane, A&M’s fee for three years was double the original proposal.

Then came a nice gig in New York City, where Joel Klein paid A&M $15.8 million to reorganize the school bus routes and save money. That was a fiasco, launched on the coldest day of the year, many students left stranded.

ProPublica investigated how the super-rich avoid taxes by buying super-yachts and private jets. It’s first example: the very wealthy Alvarez & Marsal.

Over the past two years, ProPublica has documented the many ways that the ultrawealthy avoid taxes. The biggest or most daring maneuvers scale in the billions of dollars, and while the tax deductibility of private jets isn’t the most important feature of U.S. tax law, the fact that billionaires’ luxury rides come with millions in tax savings says a lot about how the system really works.

There are dozens of examples of wealthy Americans taking these sorts of deductions, which are premised on the notion that the planes are used mainly for business, in the massive trove of tax records that have formed the basis for ProPublica’s “Secret IRS Files” series. The ultrawealthy, however, can easily blur business and pleasure. And when they purport to make their planes available for leasing, to fulfill one definition of using the planes for business, they tend to be more adept at generating tax deductions than revenue.

Flying to Ireland to inhale the seaside air as you drive a golf ball into the scenic distance. Crossing the country to reach your enormous yacht, which is ready for your Hudson River pleasure cruise. Hosting a governor’s wife on your very own aircraft. These are only a few of the joys that the richest Americans have experienced in recent years through their private jets. And what made them all the sweeter is that they came with a tax write-off.

Tony Alvarez and Bryan Marsal built a successful consulting firm specializing in restructuring — advising struggling or bankrupt companies on what to sell and whom to lay off. It can be a grim business: Marsal has been known to announce to prone firms that they were now a “community of pain.” But the partners, who are also close friends, own another enterprise, the Hogs Head Golf Club (“Built by Friends, for Friends, for Fun”), on the southwest coast of Ireland. It boasts views of the nearby mountains and bay.

In 2016, before opening their new course, the pair teamed up, via an LLC they named after their golf club, to buy a 2001 Gulfstream IV jet. The next year, President Donald Trump signed his big tax cut into law. It made buying a plane even more attractive: The full price of the plane could be deducted in the first year, a perk called “bonus depreciation.” Before, depreciation was typically only partially front-loaded, with the full balance spread over five years. The law also for the first time made pre-owned planes eligible for this treatment.

As a result, when Alvarez and Marsal sprang for their second plane in 2018, this one a Gulfstream V, the entire cost was deductible. That year, the pair’s two planes netted them a tax deduction of $14 million.

Last August, their Gulfstream V took off from Westchester County Airport in New York state for Ireland. About an hour later, their Gulfstream IV left for the same destination, a small airport in County Kerry near their club. Both planes can comfortably seat over a dozen passengers, but flight records don’t show who was on board. Over the coming month and a half, the two planes crisscrossed the Atlantic several times.

Were these business trips? Possibly, yes. (ProPublica’s records do not indicate whether specific trips were taken as deductions.) If so, operating expenses — including crew, fuel and other costs — from the partners’ trips to oversee the course would be fully deductible. These deductions would come in addition to depreciation.

CNN reports what happened in Llano, Texas, when a federal judge ordered the county libraries to restore books that were banned. Books have become a flashpoint for battles over intellectual freedom. In a strange way, these battles are a tribute to the assumed power of books. The residents of Llano County likely have access to the same ideas on the Internet and their cell phones, even their televisions. But it’s books they want to ban.

CNN)A rural Texas county that was ordered by a federal judge to return banned books to its public library shelves is now considering shutting down its libraries entirely.

A meeting of the Commissioners Court of Llano County on Thursday will include discussion of whether to “continue or cease operations of the current physical Llano County library system pending further guidance from the Federal Courts,” according to the meeting agenda.

The meeting comes after federal Judge Robert Pitman on March 30 ordered the Llano County Library System — which includes three branches — to return 12 children’s books to its shelves that had been removed, many because of their LGBTQ and racial content.

Books ordered to return to shelves included “Caste: The Origins of Our Discontents” by Isabel Wilkerson, “They Called Themselves the K.K.K.: The Birth of an American Terrorist Group” by Susan Campbell Bartoletti and “Being Jazz: My Life as a (Transgender) Teen” by Jazz Jennings.

Seven residents had sued county officials in April 2022, claiming their First and 14th Amendment rights were violated when books deemed inappropriate by some people in the community and Republican lawmakers were removed from public libraries or access was restricted.

According to the lawsuit, the county commissioners kicked out the members of the library board in 2021 and replaced them with a new board that demanded review of the content of all its books. That led to several books being removed from its catalog access being cut off to an e-book service that included some of the disputed titles.

The defendants argued the books were removed as part of a regular “weeding” process following the library’s existing policies.

The judge later gave the library system 24 hours to place the books back onto shelves, saying “the First Amendment prohibits the removal of books from libraries based on either viewpoint or content discrimination.”

The Commissioners Court agenda item for the upcoming meeting does not include a reason for the possible closure of the library. What it does say is that the discussion is “regarding the continued employment and/or status of the Llano County Library System employees and the feasibility of the use of the library premises by the public.”

“It appears that the defendants would rather shut down the Library System entirely — depriving thousands of Llano county residents of access to books, learning resources, and meeting space — than make the banned books available to residents who want to read them,” Ellen Leonida, the attorney for plaintiffs in the case, said in a statement to CNN

Michael Barajas wrote a while back in The Texas Observer about an inhumane practice that is especially notorious in Texas prisons: long-term solitary confinement. He spoke with prisoners who had been in solitary for 22-24 hours a day for decades. They described losing their sense of reality, depression, thoughts of suicide.

He began:

Three years ago, guards came to Roger Uvalle’s cell to tell him he was “catching chain”—being shackled and transferred to another prison. As the guards escorted him to the chain bus with about 60 other inmates, Uvalle began trembling, overcome by anxiety. He turned so pale another prisoner told him he looked like a ghost. He didn’t relax until guards put him in his new solitary confinement cell, a 6-by-10-foot space where he’d spend 22 to 24 hours each day, alone, just as he had every day for the past two-plus decades.

Years of almost no human contact have warped Uvalle’s sense of time. Weeks, months, even years blend together. He says his memory has degraded to the point where he now struggles to keep track of the few personal items he’s allowed to have. He sometimes spends hours turning over his cell looking for stamps, letters, art supplies.

Roger Uvalle.

ROGER UVALLE. LAUREN CROW

His recollection of the time before 1992, when he went to prison for two armed robberies, is hazy. He knows he spent time in state hospitals; that his family struggled to find him mental health care growing up in San Antonio; and that as a teenager, he once tried to kill himself by swallowing a bottle of Valium. He knows that he was self-medicating on a cocktail of booze and whatever drugs he could find at the time. He knows that when he first went to prison, he was housed with the rest of the general inmate population and received mental health treatment, which he says helped.

And he knows that about 12 months into his 40-year sentence, guards sent him to solitary confinement after they accused him of being involved in back-to-back fights and hiding a makeshift knife in his cell. Two years later, while he was still in isolation, guards accused him of being affiliated with the Mexican Mafia prison gang, a scarlet letter officials use to justify keeping people in solitary.

About five years in, Uvalle says, he stopped getting medication for his mental illness, started hallucinating, and then struggled to keep himself and his cell clean. “I couldn’t care for myself and didn’t care about much and was experiencing psychotic behavior on a regular basis,” he wrote in a letter to me. When I visited him in prison recently, he talked about his most recent hunger strike, his third in the past two years. He had refused food for seven days before giving up this time. “Most of the time, they don’t acknowledge your hunger strike if you don’t have outside help,” Uvalle says. “They’ll let you die right there. They don’t care.” It reminds me of a line from one of the letters he sent me before our visit, when he described how some inmates set fires in protest. “There’s fires literally every day,” he wrote. “Never been in a place where there are fires every day.”

During our conversation, Uvalle seems shaken to be speaking with a stranger. His slow, soft speech hardly carries through the buzzy closed-circuit phone that connects us through the cracked plexiglass pane. He tells me he’s worried he’s getting worse. He’s struggling again to keep himself and his cell clean. He cries randomly sometimes, but doesn’t know why.

Uvalle went into solitary confinement in 1993, when he was 21 years old. Now, at 47, he’s been in solitary for 26 years—more than half his life…

Solitary confinement is a uniquely American form of punishment. It began as a misguided attempt at rehabilitation. America’s first prisons, built in the 1800s, housed inmates in near total isolation based on a Quaker belief that solitude fostered penitence and reformation—hence the word “penitentiary.” In reality, foreign attachés dispatched to study American prisons in 1831 were horrified after witnessing a degree of isolation “beyond the strength of man.” Charles Dickens was revolted by what he saw while touring an American penitentiary in 1842, writing, “I hold this slow and daily tampering with the mysteries of the brain to be immeasurably worse than any torture of the body.” In 1890, the U.S. Supreme Court sided with a prisoner who challenged his placement in solitary for 45 days, stating that inmates subjected to even brief isolation tended to slip into a “semi-fatuous condition” or became violently and irreversibly insane.

By the turn of the century, solitary had mostly gone out of style as a core correctional model in America. But in Texas, as convict leasing and prison farms replaced slavery as the primary tool for black oppression after the Civil War, solitary was still reserved as a severe punishment. Inmates on Texas’ prison plantations were locked in pitch-dark boxes, sometimes for so long or in such great numbers that they suffocated to death. In 1947, Oscar Byron Ellis, who had operated a money-making penal farm in Tennessee, took over the Texas prison system and built a new “segregation unit” in Huntsville to quarantine “hopeless cases.” Under Ellis, the authoritarian control Texas exerted over its prisoners became the model other states tried to emulate. Penologists drooled over what they called the “Texas Control Model.”

Please open the link and read the rest of this horrifying article.

Ruth Marcus is deputy editor of the Washington Post and is a consistent voice for sanity and reason. In this article, she describes one of the worst federal court decisions ever. If this decision is upheld by the Supreme Court, we will all need guns to protect ourselves. Good news for the gun industry, bad news for public safety. Marcus wrote this article before the latest school shooting in Nashville, where three adults and three children were murdered. The killer was armed with three weapons, including an AR-15, which has no purpose except as a killing machine. Hunters don’t use it because it destroys what it kills.

She writes:

When the Supreme Court ruled in 2008 that the Second Amendment protects individuals’ right to gun ownership, it emphasized the ability “of law-abiding, responsible citizens to use arms in defense of hearth and home.” When it expanded that decision last year in New York State Rifle & Pistol Association v. Bruen, the court noted that “ordinary, law-abiding citizens have a similar right to carry handguns publicly for their self-defense.”

Zackey Rahimi was, one presumes, not the kind of upstanding citizen the justices had in mind.

Over a six-week stretch from December 2020 to January 2021, Rahimi took part in five shootings around Arlington, Tex. He fired an AR-15 into the home of a man to whom he had sold Percocet. The next day, after a car accident, he pulled out a handgun, shot at the other driver and sped off — only to return, fire a different gun and flee again. Rahimi shot at a police car. When a friend’s credit card was declined at a fast-food restaurant, he fired several rounds into the air.

Or, as the U.S. Court of Appeals for the Fifth Circuit put it in vacating Rahimi’s conviction for illegal gun possession, “Rahimi, while hardly a model citizen, is nonetheless part of the political community entitled to the Second Amendment’s guarantees, all other things equal.”

This is the insane state of Second Amendment law in the chaotic aftermath of Bruen. The problem isn’t that decision’s precise outcome, striking down New York state’s gun licensing law because it required a showing of “special need for self-protection” to obtain a concealed carry permit.

The problem is that in doing so, the six-justice conservative majority imposed a history-based test — a straitjacket, really — for assessing the constitutionality of gun laws. No longer can judges decide whether restrictions are a reasonable means to protect public safety.

Instead, they have to hunt down obscure, colonial-era statutes to determine if there are counterparts to modern rules. So it’s little surprise that conservative judges in the lower courts are now busy declaring all sorts of perfectly sensible gun laws unconstitutional.

Those cases are just making their way to the appellate level, and Thursday’s ruling by the Fifth Circuit is one of the earliest to be decided. The court may be the most conservative — and most dangerous — in the country. The ruling in Rahimi’s case, written by one Trump-appointed judge, Cory T. Wilson, and joined by Trump appointee James C. Ho and Reagan appointee Edith H. Jones, shows why.

When Arlington police searched Rahimi’s home, they found multiple guns — and a domestic violence restraining order imposed after Rahimi allegedly assaulted his ex-girlfriend. Federal law prohibits those subject to such orders from possessing guns, and Rahimi was indicted by a federal grand jury.

Before Bruen, the Fifth Circuit had upheld such charges against constitutional challenge, and it had previously rejected Rahimi’s claim that the law violated his Second Amendment rights. But on Thursday, it did an about-face.

“We know the increased risk women in abusive relationships face when the abuser has a gun, and the Fifth Circuit just essentially greenlighted arming domestic abusers,” Adam Skaggs, vice president of the Giffords Law Center, told me. “As a matter of public safety, this is a horrendous decision.”

Wilson, who was a fervent opponent of gun regulation as a Mississippi state legislator, strained to read the Supreme Court’s language about law-abiding citizens out of the precedents. That was just “shorthand,” he insisted, and “read in context, the Court’s phrasing does not add an implied gloss that constricts the Second Amendment’s reach.”

This is simply wrong. As the Justice Department argued, the court in Bruen emphasized that “nothing in our analysis” threatened licensing laws in 43 states, which, the court said, “are designed to ensure only that those bearing arms in the jurisdiction are, in fact, ‘law-abiding, responsible citizens.’” Such as, say, Texas, which prohibits those subject to domestic violence protective orders from obtaining licenses.

Wilson was having none of it. Under the government’s approach, he asked, “Could speeders be stripped of their right to keep and bear arms? Political nonconformists? People who do not recycle or drive an electric vehicle?”

Seriously? This isn’t about political correctness. It’s about a man accused of dragging his girlfriend into his car, shooting at a witness who saw him assault her, and warning the girlfriend that he would shoot her if she told anyone what had happened.

As to historical analogues, Wilson acknowledged that there were “laws in several colonies and states that disarmed classes of people considered to be dangerous, specifically including those unwilling to take an oath of allegiance, slaves, and Native Americans.”

But, he said, despite some “facial similarities” with laws disarming domestic abusers, “the purpose of these ‘dangerousness’ laws was the preservation of political and social order, not the protection of an identified person from the specific threat posed by another.”

As Pepperdine law professor Jacob Charles pointed out on Twitter, this criticism is “absolutely bonkers” — it faults the domestic abuse law for being “too tailored.” The law applies to those who have been determined, after a court hearing, to present a “credible threat to the physical safety” of an intimate partner or child.

All of which serves to underscore the real difficulty with the Supreme Court’s history fetish: As Bruen itself demonstrated, the matter of what historical examples to accept and what to reject is open to manipulation by judges predisposed to strike down gun laws.

And it poses a dilemma for the conservative justices, who are about to find this issue back in their laps. Are they going to instruct lower courts they have gone too far, or are they going to let it rip, while bullets fly and judges scour statutes from the age of muskets?

John Thompson, historian and retired teacher in Oklahoma, analyzes the behind-the-scenes infighting between extremist MAGA Republicans and traditional conservatives, who don’t use inflammatory rhetoric and prefer to know the cost of new programs before they pass them.

He writes:

Across the nation, voters are following the battles between former-President Donald Trump and Governor Ron DeSantis. There is no way to know how that conflict between extremist Republicans will play out, but I find it hard to believe it won’t damage their party’s chances in 2024. Even in Oklahoma, Trump’s unfavorable rating has grown to 47%, and conflicts between conservatives and MAGAs are becoming more public.

And as Oklahoma Republicans, such as State Superintendent Ryan Walters, Governor Kevin Stitt, and House Speaker Charles McCall, ramp up their irrational, inflammatory rhetoric, there seems to be both a growing behind-the-scenes and public responses by some traditionally conservative Republicans against the far right. This post will focus on two issues where it seems like the Republican leader of the Senate, Greg Treat is pushing back on the MAGAs.

To understand these disputes, however, a confusing aspect of the Oklahoma constitutional system must be understood. Oklahoma has two statewide education leadership positions; the Secretary of Education is appointed by the governor and confirmed by the Senate, and the Superintendent of Public Instruction, who is elected by the people.

The Oklahoman now reports on a behind-the-scenes issue that could be an important response to Walters. Walters was first appointed as Secretary of Education by Gov. Stitt, and was quickly confirmed by the Senate. Walters was then elected to the State Superintendent office, and reappointed by Stitt as Secretary of Education.

This time, however, there is no movement towards his reconfirmation to that position. The Oklahoman explains, “Walters is still waiting, and it there has been little or no work done to shepherd his nomination through the Senate, even though his previous term expired on Jan. 9.” It adds that the job is mostly to advise the governor and has “few legal responsibilities.” However, the confirmation delay “highlights the ongoing political conflict between the executive and legislative branches of Oklahoma’s government.”

Given the pushback by some influential Republicans against Walters’ bizarre rhetoric and overreach (not to mention his misuse of federal funds), the lack of movement toward confirming Walters is not good news for Walters and his rightwing allies. Whether or not Walters loses his Secretary of Education position is obviously unknown. It might just be a threat serving as a “bargaining chip” for advancing the Senate agenda, as opposed to the Walters’ and the Speaker of the Houses’ extremism. But, either way, the MAGAs’ agenda is threatened by such publicity.

Moreover, this happened as Walters, as the Tulsa World reported, emailed all legislators “images and text [that] depict gay sex and ambiguously gendered bodies. The email provides no context to the images.” The World also reported, “Some of those receiving the emails said Walters quickly tried to ‘unsend,’ or retrieve them.” Walters was invited to the Appropriations and Budget Subcommittee on Education to provide evidence for the email’s claims but he didn’t respond. Instead, as the Oklahoman reported, he sent “lawmakers a list of four books he deemed “pornographic,” four more ‘books in the marketplace to monitor’ and 190 children’s books focused on LGBTQ+ themes.” School system leaders denied Walters’ claims about four pornographic books that allegedly were in their schools. These continuing behaviors have made Walters more vulnerable.

Also during the week, Speaker Charles McCall, who apparently hopes to run for governor, doubled down on outrageous demands and claims against the Senate Republican leadership. Previously he demanded that the vote for his education funding bill, including vouchers (called tax credits), be passed without amendments, which the Senate refused to do. So when the Senate defied McCall and Gov. Stitt by putting an income cap of $250,000 on families for school choice tax credits, McCall called it “class warfare.” Sen. Treat replied, “The speaker seems to be intent on torpedoing meaningful education reform… It is unfortunate and I hope he comes to his senses.”

Then, illustrating the depth of the conflict between the Senate and House leaders, the Speaker’s office made the bizarre claim that under the Senate’s $285 million a year plan, “The Senate amendments to House Bill 2775 would only require public school districts following the state minimum salary schedule to give full teacher pay raises, neglecting over 43,000 teachers in over 400 districts.” (Oklahoma has around 45,000 teachers) Sen. Treat’s office replied “that every teacher in the state would get a pay bump based off years of service,” and that “The speaker is operating in a fantasy land.” Again, these behaviors are making the MAGAs more vulnerable.

And that leads to the second major story which seems to represent the best pushback by the Senate leadership against the behaviors of rightwing ideologues. As I explained previously,the Oklahoman’s Ben Felder reported, despite a $700 million incentive, Volkswagen chose to invest in Canada with its “strong ESG (environmental, social and governance) practices,” rather than Oklahoma where Gov. Stitt had said, “don’t expect support from us unless you reject ESG.”

I must stress that counter-attacks by conservative, pro-voucher Republicans are not an answer to continuing assaults on public education, and neither can we merely trust pro-corporate Republicans’ call for rethinking the reasons why corporations reject Oklahoma’s subsidies for investing here. But, Senate Pro Tem Treat and many or most Republican legislators must understand that such extreme rhetoric is making it harder to attract corporations that invest in Oklahoma.

Sen.Treat formed a panel to study why Volkswagen and Panasonic rejected subsidies up to $700 million, and he cited the lessons of recent history. After United Airlines rejected incentives for investing in Oklahoma City because it lacked the cultural institutions that its employees would want, in the early 1990s the city made a plan, raised taxes, and invested in social and educational institutions.

While I praise Treat’s initiative, I’ve wondered whether his predominantly Republican effort would be transparent and open-minded. I have been urging the panel members I know to listen to the leaders who succeeded in transforming Oklahoma City. Number 1 on my list has been Cliff Hudson who led the bipartisan MAPS for Kids which saved the Oklahoma City Public School System from collapsing. I have never participated in a greater, evidence-based process which truly listened to researchers, educators, students, parents, and the community. So, I was thrilled to see Hudson’s guest editorial in the Oklahoman.

Hudson explained that “many business leaders who aren’t from here” understand that “Oklahoma is committed to providing competitive financial incentives and that our tax policies are considered pro-business.” But, Hudson notes, “they also hear the hateful rhetoric that can make people feel unwelcome, either because of their gender, their religion, their skin color or their orientation.”

Hudson knows that “Oklahomans are, overall, kind, welcoming and loving.” But he rejects “the negative voices … [that make] things harder for all of us.” It “means fewer companies will want to bring their jobs here. It means the best and brightest may choose not move here — or that they grow up here and leave as soon as they can.” So, “we miss out on great executives, exciting creatives and dedicated medical professionals when we don’t make clear that everyone is valued and welcomed in Oklahoma.”

In other words, especially if Republican leaders listen to Hudson and others who transformed the Oklahoma City (and Tulsa) metropolitan areas, we can build on our strengths. But first, I believe, they must reject these hate-filled MAGAs and learn from our history, and the values we once praised as “the Oklahoma Standard.” And at some point, traditional conservatives, as is true across the nation, must explicitly condemn the rightwingers who are spreading hate, and threatening our democracy and its norms.

A reader who identifies as “Retired Teacher” sees the school choice juggernaut as a deliberate plan to destroy our common good: public schools. Thomas Jefferson proposed the first public schools. The Northwest Ordinances, written by the founding fathers, set aside a plot of land in every town for a public school.

The origin of the school choice movement was the backlash to the Brown Decision of 1954. Segregationists created publicly-funded academies (charters) for white flight and publicly-funded vouchers to escape desegregation.

What replaces public schools will not be better for students, and it will be far worse for our society.

So much reckless “choice” will make the public schools the schools of last resort for those that have nowhere else to go. Choice is a means to defund what should be our common good. How are the schools supposed to fund the neediest, most vulnerable and most expensive students when so much funding is transferred to private interests? How will public schools be able to pay to maintain the buildings, hire qualified teachers and pay for all the fixed costs like insurance, transportation and utilities?

The billionaires and religious groups behind so-called choice would like to see public schools collapse. Choice benefits the ultra-wealthy and segregationists. Choice empowers the schools that do the choosing, not the families trying to find a school for their child. If public schools become the bottom tier of choice, they will become like the insane asylums of the 19th century where the unfortunate were warehoused, ignored and abused. This dystopian outcome would be the opposite of what the founding fathers envisioned. Their vision was one of inclusion where all are welcome, a place serves the interests of the nation, communities and individuals with civil, social and individual benefits. A tiered system of schools is neither ‘thorough or efficient.’ It is a nightmare, and nothing any proponents of democracy should be supporting.

The Texas Signal has figured out the Republican plan for education. Defund the public schools. Send public money to greedy charter operators who have their eye on the bottom line. Send public money to voucher schools that indoctrinate their students. The goal: Dumb and Dumberer. Members of the Texas House of Representatives—both Democrats and Republicans—voted against public funding for private schools just a few days ago (after this article was posted), but the Governor is likely to try again.

For decades, Texas Republicans have been hoping you won’t notice how much public education is underfunded. Now that the far right is in the driver’s seat, we can see it was a failure by design.

Under Republican leadership, Texas has long underfunded our teachers and schools. For a while, this worked for Texas Republicans – at least politically. If someone complained, they could always point their fingers at the need for property tax relief or blame our failing schools on underpaid teachers. And if that didn’t work– blame Black and Brown communities. And if that didn’t work – hell blame the kids themselves. 

Of course, they could also avoid the topic altogether. Instead of allowing the light to shine on our school, they could simply redirect their high beams to some unfortunate Texas group as a distraction in their signature Texas Republican culture war two-step. Anything to avoid responsibility.

Texas Republicans have been happy to keep up this understanding during their 6-month stay in Austin every odd year. The Texas Republican culture war two-step: bully some women or LGBTQ kids and do the bare minimum so that they can say they’ve done their part for our kids while they find ways to build personal wealth. 

That worked for a while until the failures of the Texas Education Agency (TEA) started to show. 

Republican failures, TEA Takeovers, and Privatization

In 2018, the Texas Education Agency (TEA) was placed under federal oversight by the Department of Education for its failings regarding special education. This was due to the illegal actions of the Texas Education Agency that put a limit on the percentage of students it would allow into special education programs, impacting countless kids.  

This normally would be a wake-up call for any elected official who had the interests of their constituents at heart. But then again, we’re dealing with Greg Abbott. 

Instead of fixing the root of most issues, underfunding, Governor Greg Abbott made a hard right turn led by party extremists. Greg Abbott decided to turn to Republicans’ trusted distracted dance, except now he created a new cultural war two-step. Step 1: Blame teachers at struggling schools in our most diverse cities and 2) funnel money into the pockets of his rich donors who put their kids to private Christian schools through the scheme known as vouchers.

While Abbott has been on a statewide tour pushing his voucher scheme, he simultaneously had TEA take over the Houston Independent School District (HISD) takeover earlier this year. The takeover was blasted by civil and racial rights advocates, including the ACLU of Texas. “The state takeover of HISD is not about public education — it’s about political control of a 90 percent Black and brown student body in one of the country’s most diverse cities,” they wrote on Twitter.

Then in late March, Abbott continued his strategy with a new diverse (and Democratic-run) city: Austin. State Representative Gina Hinojosa (D- Austin) is a leading voice on public education and sits on the prominent House committee. And late on the last Friday of March, she sent an explosive alert on social media to activate pro-public education Texans. She announced that the TEA recommended conservatorship over Austin Independent School District (AISD). 

This means that a team selected by Commissioner Morath will have the power to take action over our local school district indefinitely, similar to the Houston Independent School District (HISD) takeover earlier this year. 

According to Rep. Hinojosa, the agency has cited the district’s failings regarding students receiving special education. And in November, the voters of Austin elected four new trustees and an interim superintendent has since been hired. Most folks agree AISD is heading in the right direction. “Specifically, we know that many of AISD’s challenges are due to staffing shortages, “ said Hinojosa. “Additionally, the TEA has acknowledged that the state underfunds special education in AISD by close to $80 million annually.” 

Of course, facts would only matter if Republicans cared about improving the lives of children. The solution seems simple: more funding equals better results. However, this is all a ruse toward the larger direction right back to the voucher scheme pushed by the extreme right. 

As we’ve noted, current proposals that could become law give families enrolling in private or parochial schools $8,000 per student, per year to cover tuition and other related expenses. 

This would be devastating to our public schools. Texas ranks near the bottom of national rankings of per-student funding, with the basic allotment totaling around $6,160 per student. 

The Governor and Lt. Governor Dan Patrick are fully on board, leaving only the Texas House Speaker Dade Phelan left as a question mark. While Phelan generally is a pushover when it comes to right-wing agenda items, some rural Republicans may force his hand into a fight. 

The solution to most of our public education problems is simple: funding. Simple solutions are usually welcome news. However, with the growing issues of sexual assault problems for Texas Republicans and other issues that plague the state, Republicans go for what they’re most familiar with for answers. The ole’ culture war two-step.

Are you tired of Texas Republicans pushing big lies and trying to steal your vote? So are we, that’s why we’re fighting back against the right-wing lie machine. Our commitment to ethical, fact-based journalism is vital to our democracy, and we can’t do it without you. Consider donating today to help us stay in this fight.

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Musings: How Ted Cruz helped turn politics into pro wrestling

Scott Maxwell of the Orlando Sentinel explains the power dynamics behind DeSantis’ fight with Disney. DeSantis just hired four law firms, at the taxpayer expense, of course, to fight Disney’s secret coup to retain control of its property.

Maxwell writes:

If you look at Mickey Mouse’s hands, you’ll notice he doesn’t have a middle finger. But if he did, he most surely flipped it at Ron DeSantis this past week.

Florida’s governor had told the world that he’d taken on Disney and won. But while DeSantis was busy tweeting, Disney operatives were busy working, quietly rewriting legal papers in an attempt to ensure the governor’s tough talk never amounted to anything more.

Basically, Disney was playing 4-D chess while the governor’s legal team was fumbling with a bag of checkers. And by the time Team DeSantis figured out what had happened Wednesday, its members could do little more than fume and pout.

DeSantis is so used to picking on easy targets — drag queens and transgender teenagers — that he wasn’t prepared to do battle with someone with the power to fight back.

It’s easy for DeSantis critics to laugh and scoff. Donald Trump certainly did, mocking his former protégé for getting bested by a cartoon mouse.

But the reality is that this whole situation stinks.

Ron DeSantis and GOP lawmakers are trying to use bully power and petty politics to punish a private company for expressing opinions they dislike — in this case, Disney’s opinion that LGBTQ families should be treated like human beings….

Still, Disney doesn’t deserve to run its own government. Many of us have argued as much for years. Unfortunately, lawmakers in this state have been happy to do Disney special favors for decades — as long as Disney cut them checks.

Just two years ago, DeSantis signed a law exempting Disney from a crackdown on social media companies after the company gave his political committee $50,000.

The ludicrous bill, which was invalidated by a federal judge who noted the special-interest favoritism, included a carve-out that exempted any company that “owns and operates a theme park.” DeSantis signed the bill less than two months after cashing Disney’s check and after records show his staffers swapped emails about the language Disney lobbyists wanted in the law.

DeSantis clearly did a favor for a corporate donor, blowing a castle-sized hole in the tough-on-corporations narrative he tries to peddle. In fact, a big part of why corporate America likes DeSantis is that they know he plays ball….

DeSantis had vowed to make Disney “follow the same laws every other company follows in the state of Florida.” I actually like that plan. That’s how it should’ve been all along. But that’s not what he did.

Instead, he put a group of hand-picked political appointees in charge of the private company. No other company in America works like that. DeSantis didn’t put Disney on the same footing as everyone else. He tried to put Disney under his own personal thumb. And Disney seems to have found a way to at least temporarily thwart him.

If these guys actually had a desire to do the right thing — before Disney cut them off financially — they wouldn’t have tried to twice ram through poorly thought-out laws. They would’ve asked a team of smart government-law experts to devise a way to sunset Disney’s special status in a logical, legal matter.

But logic has taken a beating in Tallahassee over the last two years as book-banning, pronoun-legislating and drag-queen-bashing have become the rage.

I don’t begrudge anyone who laughed at DeSantis last week for getting out-brained by a mouse. It was cringe-inducingly amusing to watch his campaign team stage a meltdown on Twitter, claiming that the governor’s clear loss was really a big win because (just you wait) the governor is always thinking “10 steps ahead….”

So sure, laugh at DeSantis. But I’m still not rooting for Disney.

While the company has done some great philanthropic things in this community, it has also used money, power and even free park tickets to warp public policy in this state for decades. Everything from secret text messages with county commissioners to try to deny sick time for local workers to back-channel messaging with the governor’s staff to request special favors.

I’m not cheering for the powerful corporation or the pandering politicians. I’m rooting for good government that doesn’t cater to special interests — the one thing neither side seems to want.

smaxwell@orlandosentinel.com

ProPublica revealed that Justice Clarence Thomas had accepted luxury vacations from Harlan Crow, a Texas billionaire, for the past two decades and never acknowledged these gifts on his financial disclosure form. Justice Thomas said in a statement that he thought these lavish trips on a private jet and a super-yacht fell under the category of “personal hospitality,” like having dinner at a friend’s home. ProPublica estimated that a recent trip to Asia, involving both the jet and the yacht, was worth about $500,000.

ProPublica consulted seven ethics experts, and all agreed that his defense was unreasonable. For one who claims to take the letter of the law literally, his failure to report the multiple gifts of free luxury travel is nonsense.

Will there be any accountability?

Are Supreme Court Justices outside the law?

I am thrilled to announce that Dr. Leslie T. Fenwick will speak at Wellesley College in the annual lecture series that I endowed. Admission to the lecture is free and open to the public. If you live within driving distance, be there.

The lecture will be held in the auditorium of Jewett Arts Center. Be there!

For a real treat, watch Dr. Fenwick’s lecture “Looking Behind the Veil of Education Reform.”

The Diane Silvers Ravitch ’60 Lecture

Living with Histories That We Do Not Know with Leslie Fenwick

Tuesday, April 11, 4 p.m. ET
Dr. Fenwick will draw on her sustained contribution to education policy research and groundbreaking findings from her recently published award-winning and bestselling book, Jim Crow’s Pink Slip. Dr. Fenwick’s research upends what we know and understand about Brown vs. Board of Education and details why the newly excavated history she shares is important to the nation’s racial justice and educational equity goals.

Livestreamed at www.wellesley.edu/live.

Dr. Leslie T. Fenwick, PhD, is a nationally-known education policy and leadership studies scholar who served as Dean of the Howard University School of Education for nearly a decade. A former Visiting Scholar and Visiting Fellow at Harvard University, Fenwick holds an invited appointment as a MCLC Senior Fellow at the U.S. Military Academy at West Point where she occasionally lectures about character leadership and ethics. Additionally, Fenwick served as an appointed member of the National Academy of Sciences committee that produced the first study about mayoral control of Washington DC Public Schools. Fenwick (who is a former urban school teacher and adminstrator) is regularly called upon to testify about educational equity and college access to the U.S. Senate, National Conference of State Legislatures (NCSL), U.S. Conference of Mayors, National Urban League, Congressional Black Caucus (CBC), American Federation of Teachers (AFT), Education Writers Association (EWA), National Education Association (NEA), National Association for Equal Opportunity in Higher Education (NAFEO), Hispanic Association of Colleges and Universities (HACU), and the National Alliance of Black School Educators (NABSE). Additionally, she has been an invited speaker at the National Press Club, the Washington Lawyers’ Committee on Civil Rights and Urban Affairs and the Washington Policy Seminar.